Construction Law/New Rate

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Question
Dear Sir,

In our Contract which is based on 2010 FIDIC MDB Harmonized Conditions of Contract and a remeasurement Contract. It was observed that there is a discrepancy between the Bill of Quantities and Drawings/Technical Specifications. Drawings & Specifications shows that a RCC parapet wall is to be constructed on both sides of the bridge but relevant Bill of BoQ does not contain any such item instead a GI Pipe railing item is included which is not relevant to requisite work.

Preamble to BoQ does not explain this issue. However Sub-Clause 12.3 [Evaluation] states that if there is no such item of work in BoQ then the appropriate rate or price shall be the rate specified for similar work. It was noticed that the no similar work as per Sub-Clause b(iii) was available in the BoQ.

How this issue to be resolved/ remedied under the Contract?

I feel that Only Sub-Clause 12.3 (b) addressed this issue by evaluating a new rate of work. Conditions (ii) & (iii) are fulfilled but question is how the Engineer will issue Instruction for Variation in order to fulfill criteria (i) because this work is already specified in the Drawings & Specifications and these have priority over Bill of Quantities as per Sub-Clause 1.5 GCC.

Please advise.

Regards,

UMER SHABBIR

Answer
Dear Umer Shabbir,

The Engineer writes to the Contractor asking for his price to do the work.  The Contractor submits his price.  The Engineer agrees or negotiates.  The Engineer issues an instruction to delete one item from the BoQ and add another item.

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Peter M. Elliott

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First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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